Mediation Case Studies

The cases which follow contain no names, and the facts are in composite form to protect the confidentiality of those involved.

Case #1: Divorce Mediation

Facts: Because of the wife’s severe depression and resultant difficulty coping with the needs of the children, the husband had primary physical custody and responsibility for the two children, with the wife having visitation. However, after more than two years of living separately, and clear agreement that the wife was a dependent spouse, the parties still had not agreed upon the amount of spousal support and the distribution of property.

Resolution: In the course of mediation, it was brought to light that the wife felt undervalued throughout the marriage, and that her contribution to the children’s development had not been appreciated. Once the husband openly and authentically acknowledged the wife’s contributions, all still outstanding issues were able to be settled inside of two hours, with the parties being poised to co-parent much more effectively in the future as a result of clearing old resentments.

Case #2: Wrongful Termination/Employment Discrimination

Facts: Case involved a long-time employee of a large company, who supervised several managers. Management wanted to force the employee into early retirement, as employee was getting harsh criticism from the other employees of the company. Because Employee was a minority, and not satisfied with the way other minorities in the company were treated, employee felt this case could be successfully turned into a full-scale employment discrimination lawsuit, while the employer believed that even if the employee were fired, it could be argued it was for just cause.

Resolution: As a result of all the issues on both sides being fully and confidentially aired, it was decided that the employee would be transferred to a less stressful position in the company, with no loss of salary status, until such time as employee could retire with full benefits. In addition, employer acknowledged employee for the many years of valuable service which was provided, with said acknowledgment being a big reason the case was successfully resolved.